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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Credit (Commonwealth Powers)
Bill 2010
A BILL FOR
An Act to adopt the National Consumer Credit Protection
Act 2009 of the Commonwealth (as amended) and the National Consumer
Credit Protection (Transitional and Consequential Provisions) Act 2009
of the Commonwealth, and to refer certain matters relating to the provision of
credit and certain other financial transactions to the Parliament of the
Commonwealth, for the purposes of section 51(xxxvii) of the Constitution
of the Commonwealth.
Contents
1 Short
title
2 Commencement
3 Definitions
4 Adoption of National Credit
legislation
5 Termination of adoption
6 Reference of matters
7 Matters
excluded from reference
8 Termination of reference
9 Amendment of
Commonwealth law
10 Effect of termination of amendment reference before
termination of adoption of Commonwealth Acts
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Credit (Commonwealth Powers)
Act 2010.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts Interpretation Act 1915 does
not apply to this Act or to a provision of this Act.
In this Act, unless the contrary intention appears—
adoption means the adoption under
section 4(1);
amendment reference means the reference under
section 6(1);
Commonwealth Credit instrument means any instrument (whether
or not of a legislative character) that is made or issued under the National
Credit legislation;
express amendment of the National Credit legislation means
the direct amendment of the text of the National Credit legislation (whether by
the insertion, omission, repeal, substitution or relocation of words or matter)
by another Commonwealth Act or by an instrument under a Commonwealth Act, but
does not include the enactment by a Commonwealth Act of a provision that has or
will have substantive effect otherwise than as part of the text of the National
Credit legislation;
National Credit legislation means—
(a) the National Consumer Credit Protection Act 2009 of the
Commonwealth; and
(b) the National Consumer Credit Protection (Transitional and
Consequential Provisions) Act 2009 of the Commonwealth,
as in force from time to time;
referred credit matter means a matter relating to either of
the following:
(a) credit, being credit the provision of which would be covered by the
expression "provision of credit to which this Code applies" in the relevant
version of the National Credit Code;
(b) consumer leases, being consumer leases each of which would be covered
by the expression "consumer lease to which Part 11 applies" in the relevant
version of the National Credit Code;
relevant version of the National Credit Code means the text
of Schedule 1 to the National Consumer Credit Protection
Act 2009 of the Commonwealth as originally enacted, and as later
amended by the National Consumer Credit Protection Amendment
Act 2010 of the Commonwealth;
relevant version of the National Credit legislation
means—
(a) the National Consumer Credit Protection Act 2009 of the
Commonwealth as originally enacted, and as later amended by the National
Consumer Credit Protection Amendment Act 2010 of the Commonwealth;
and
(b) the National Consumer Credit Protection (Transitional and
Consequential Provisions) Act 2009 of the Commonwealth.
4—Adoption
of National Credit legislation
(1) The relevant version of the National Credit legislation is adopted
within the meaning of section 51(xxxvii) of the Constitution of the
Commonwealth.
(2) The adoption has effect for a period—
(a) beginning when this section commences; and
(b) ending at the end of the day fixed under section 5 as the day on
which the adoption is to terminate,
but no longer.
(1) The Governor may, at any time, by proclamation published in the
Gazette, fix a day as the day on which the adoption is to terminate.
(2) The Governor may, by proclamation published in the Gazette, revoke a
proclamation published under subsection (1), in which case the revoked
proclamation is taken (for the purposes of section 4) never to have been
published.
(3) A revoking proclamation has effect only if published before the day
fixed under subsection (1).
(4) The revocation of a proclamation published under subsection (1)
does not prevent publication of a further proclamation under that
subsection.
(1) Subject to section 7, any referred credit matter is referred to
the Parliament of the Commonwealth, but only to the extent of the making of laws
with respect to such a matter by making express amendments of the National
Credit legislation.
(2) The reference of a matter under subsection (1) has effect
only—
(a) if and to the extent that the matter is not included in the
legislative powers of the Parliament of the Commonwealth (otherwise than by a
reference under section 51(xxxvii) of the Constitution of the
Commonwealth); and
(b) if and to the extent that the matter is included in the legislative
powers of the Parliament of the State.
(3) Despite any other provision, the reference has effect for a
period—
(a) beginning when this section commences; and
(b) ending at the end of the day fixed under section 8 as the day on
which the reference is to terminate,
but no longer.
7—Matters
excluded from reference
(1) A matter referred by section 6(1) does not
include—
(a) the matter of making provision with respect to the imposition or
payment of State taxes, duties, charges or other imposts, however described;
or
(b) the matter of making provision with respect to the general system for
the recording of estates or interests in land and related information;
or
(c) the matter of providing for the priority of interests in real
property; or
(d) the matter of making a law that excludes or limits the operation of a
State law, to the extent that the State law makes provision with respect to the
creation, holding, transfer, assignment, disposal or forfeiture of a State
statutory right.
(2) In this section—
forfeiture means confiscation, seizure, extinguishment,
cancellation, suspension or any other forfeiture;
State law means—
(a) any Act of the State or any instrument made under such an Act,
whenever enacted or made and as in force from time to time; or
(b) the general law, being the principles and rules of common law and
equity to the extent that they have effect in the State from time to
time;
State statutory right means a right, entitlement or authority
that is granted by or under any Act of the State or any instrument made under
such an Act, whenever enacted or made and as in force from time to time, other
than a right, entitlement or authority that relates to—
(a) credit covered by paragraph (a) of the definition of
referred credit matter in section 3; or
(b) a consumer lease covered by paragraph (b) of that
definition.
(1) The Governor may, at any time, by proclamation published in the
Gazette, fix a day as the day on which the amendment reference
terminates.
(2) The Governor may, by proclamation published in the Gazette, revoke a
proclamation published under subsection (1), in which case the revoked
proclamation is taken (for the purposes of section 6) never to have been
published.
(3) A revoking proclamation has effect only if published before the day
fixed under subsection (1).
(4) The revocation of a proclamation published under subsection (1)
does not prevent publication of a further proclamation under that
subsection.
9—Amendment
of Commonwealth law
For the avoidance of doubt, it is the intention of the Parliament of the
State that—
(a) the National Credit legislation may be expressly amended, or have its
operation otherwise affected, at any time after the commencement of this Act by
provisions of Commonwealth Acts the operation of which is based on any
legislative powers that the Parliament of the Commonwealth has on account of a
reference of any matters, or the adoption of the relevant version of the
National Credit legislation, under section 51(xxxvii) of the
Constitution of the Commonwealth; and
(b) the National Credit legislation may be expressly amended, or have its
operation otherwise affected, at any time after the commencement of this Act by
provisions of Commonwealth Acts the operation of which is based on
legislative powers that the Parliament of the Commonwealth has apart from a
reference of any matters, or the adoption of the relevant version of the
National Credit legislation, under section 51(xxxvii) of the
Constitution of the Commonwealth; and
(c) the National Credit legislation may have its operation affected,
otherwise than by express amendment, at any time by provisions of Commonwealth
Credit instruments.
10—Effect of
termination of amendment reference before termination of adoption of
Commonwealth Acts
(1) If the amendment reference is terminated but the adoption of the
relevant version of the National Credit legislation is not terminated, the
termination of the amendment reference does not affect—
(a) laws that were made under the amendment reference (but not repealed)
before that termination (whether or not they have come into operation before
that termination); or
(b) the continued operation in this State of the National Credit
legislation as in operation immediately before that termination or as
subsequently amended or affected by—
(i) laws referred to in paragraph (a) that come into operation after
that termination; or
(ii) provisions referred to in section 9(b) or (c).
(2) Accordingly, the amendment reference continues to have effect for the
purposes of subsection (1) unless the adoption is terminated.
(3) Subsection (1) does not apply to or in relation to an amendment
of the National Credit legislation that is excluded from the operation of this
section by the proclamation that terminates the amendment reference.
(4) For the purposes of subsection (1)—
(a) the laws referred to in subsection (1)(a) include Commonwealth
Credit instruments; and
(b) the reference in subsection (1)(b) to the National Credit
legislation as in operation immediately before the termination of the amendment
reference includes that legislation as affected by Commonwealth Credit
instruments that have come into operation before that time.